Nabor v. Occidental Life Insurance Co. of California

The defendant insurer when sued on a policy of life insurance raised the affirmative defenses of misrepresentation and suicide. Since the insured died on the second anniversary date, the court ruled that the insurer was barred by the two-year provision of incontestability clause and the suicide clause from raising these defenses and awarded judgment for the plaintiff. It awarded 6 percent interest from the date of death, September 15,1977, although the statute increasing the amount of interest to 6 percent became effective on October 1,1977. We modify the award of interest and affirm.

The…